This chapter covers:

• Definitions of legal terms used in municipal court.
• References to constitutional rights.

Absentia - Absent; proceeding without the defendant present.

Acquit, Acquittal - A finding of not guilty by a judge or jury.

Action - Case, cause, suit, or controversy disputed or contested before a court of justice.

Adjudication - Judgment rendered by the court after a determination of the issues.

Administrative Revocation - The taking of a driver's license by the Motor Vehicle Division, through law enforcement agents and administrative law judges, without involvement by the courts, pursuant to the Implied Consent Act.

Admissible Evidence - Evidence that can be legally and properly introduced in a civil or criminal trial.

Admonish - To advise or caution. For example the Court may caution or admonish counsel for wrong practices.

Adversary System - The trial method used in the U.S. and some other countries. This system is based on the belief that truth can best be determined by giving opposing parties full opportunity to present and establish their evidence, and to test by cross-examination the evidence presented by their adversaries. All this is done under the established rules of procedure before an impartial judge and/or jury.

Advisement - A judge taking something "under advisement" is taking something under consideration, deliberation, or consultation.

Affiant - The person who makes and signs an affidavit.

Affidavit - A written statement of facts, confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. For example, in criminal cases affidavits are often used by police officers seeking to convince courts to grant a warrant to make an arrest or a search.

Affirmed - Decision by an appellate court, stating that the decision of the trial court is correct.

Affirmative Defense - Without denying the charge, the defendant raises circumstances such as insanity, self-defense or entrapment to avoid criminal responsibility.

Aid and Abet - To actively, knowingly or intentionally assist another person in the commission or attempted commission of a crime.

Alford Pleas - A plea to a criminal charge that does not admit guilt, but admits that sufficient evidence exists to attain a conviction.

Alleged - Stated; claimed; asserted; charged.

Amend - Improve, correct or change a complaint.

Appeal - An application for review to a higher court of an order of conviction.

Appeal Bond - A sum of money posted by a person appealing a judicial decision (appellant.)

Appearance - 1. The formal proceeding by which a defendant submits to the jurisdiction of the court. 2. A written notification to the plaintiff by an attorney stating that he/she is representing the defendant.

Appellant - The party who takes an appeal from one court or jurisdiction to another.

Appellate Court - A court having jurisdiction to hear appeals and review a trial court’s procedure.

Appellee - The party against whom an appeal is taken. Sometimes called a respondent.

Arraignment - Appearance of the defendant in criminal court to enter his/her plea to the charges.

Arrest - The official taking of a person to answer criminal charges. This involves at least temporarily denying a person liberty and may involve the use of force.

Arrest Warrant - An order that gives permission by a judge for a police officer to arrest a person for suspicion of committing a crime.

Assault - Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.

Attorney-at-Law - A licensed advocate, or counsel, authorized to prepare, manage and try cases in court, to prepare legal documents, or otherwise represent the interests of citizens.

Attorney of Record - The attorney retained or assigned to represent a client.

Bail - Cash or surety posted to procure the release of a defendant by insuring his/her future attendance in court, and compelling him/her to remain within the jurisdiction of the court.

Bail Bond - A document that agrees to accept responsibility for a defendant and insure his/her appearance in court. By signing the form the person posting the bond is agreeing to forfeit the bond if the defendant fails to appear in court as ordered.

Bailiff - A court attendant who keeps order in the courtroom.

Bar - 1. Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. 2. More commonly, the whole body of lawyers within a jurisdiction.

Bar Examination - A state examination taken by prospective lawyers qualifying them to be admitted to the bar and licensed to practice law.

Battery - A beating, or other wrongful touching of a person. The actual threat to use force is an assault; use of force is a battery, which usually includes an assault.

Bench - The seat occupied by the judge. More broadly, the court itself.

Bench Trial - Trial without a jury in which a judge decides the facts as well as the law.

Bench Warrant - An order issued by a judge to arrest a person based on his/her failure to obey a court order. A bench warrant may be issued when a person fails to pay a fine or attend DWI School.

Best Evidence - Primary evidence; the best form of evidence available. Evidence short of this is “secondary.” For example, the original of a letter is the “best evidence,” while a photocopy is “secondary evidence.”

Beyond a Reasonable Doubt - The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind or the ordinary person.

Bond (surety) - A certificate posted by a bonding company to the law enforcement agency to secure the appearance in court of a criminal defendant.

Booking - The process of photographing, fingerprinting and recording identifying data of a suspect after arrest.

Breach - The breaking or violating of a law, right, or duty, either by commission or omission.

Brief - A written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case and the applicable law.

Burden of Proof - In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point or points; burden of proof indicates the degree to which the point must be proven. For example, in a civil case the burden of proof rests with the plaintiff, who must establish his/her case by such standards of proof as a preponderance of evidence or clear and convincing evidence.

Calendar - List of cases scheduled for hearing in court.

Calendaring - Assigning and scheduling of court appearances.

Caption - The heading on a legal document listing the parties, the court, the case number, and related information.

Case Law - Law established by previous decisions of appellate courts.

Certified Copy - A copy of a document with a certificate attesting that the copy is a true and correct copy of a document on file certified as a true copy by the officer who has custody of the original.

Cert. Denied - Stands for "certiorari denied"; a writ of certiorari is a discretionary method by which a superior court chooses the cases it wishes to hear. "Cert. denied" means that the court has decided not to hear the case.

Certiorari - A means of getting an appellate court to review a lower court’s decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal. This is often referred to as “granting cert;” and results in an order to the lower court to convey the record of the case to the appellate court and to certify it as accurate and in an order to complete and result in. Usually refers to a request for the Supreme Court to review a decision of the Court of Appeals.

Chambers - A judge’s private office.

Charges (multiple) - A case with more than one count or offense listed on the court file.

Charging Document - A citation or criminal complaint indicating that the named person committed a specific criminal offense.

Chief Judge - Chief Judge - Presiding or administrative judge in a court.

Circumstantial Evidence - All evidence except eyewitness testimony. One example is physical evidence, such as fingerprints, from which an inference can be drawn.

Citation - A written notice to appear in court, usually to answer a violation of traffic law or other minor criminal laws.

Closing Argument - The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.

Co-defendants - See "Companion Cases".

Common Law - The legal system that originated in England and is now in use in the United States. It derives legal principles from the statements by judges in their written opinions, rather than from statutes enacted by legislative bodies.

Companion Cases - More than one person arrested on the same criminal incident.

Comparative Negligence - A legal doctrine effective in New Mexico, by which acts of the opposing parties in a tort case are compared to determine the liability of each party to the other, making each liable only for his/her percentage of fault. See also contributory negligence.

Competency to Stand Trial - In order to be competent to stand trial, a person must have the capacity to understand the nature and object of the proceedings, to consult with counsel, and to assist in preparing his/her defense. Due process prohibits the government from prosecuting a defendant who is not competent to stand trial.

Complaint - A sworn written statement showing that the complaining person has reason to believe that the defendant has violated a criminal law.

Concurrent Sentences - Sentences of imprisonment for conviction of more than one crime, to be served at the same time, rather than one after the other.

Concurrent Jurisdiction - When more than one court has authority to hear and resolve specific disputes.

Conditions of Release - Conditions upon which an arrested person is released pending trial.

Consecutive Sentences - Successive sentences of imprisonment, one beginning at the expiration of another, imposed against a person convicted of two or more crimes.

Consolidation - Joinder of two or more separately filed criminal complaints, so that the charges may be tried together.

Contempt of Court - Behavior that intends to lessen the dignity of a court. It is also a willful disobeying of a judge’s verbal or written order. There are two types of contempt, direct or indirect. See the definition of criminal contempt.

Continuance - Deferring of a trial or hearing to a later date.

Contraband - Articles, the possession of which is prohibited by law.

Conviction - A judgment of guilt against a criminal defendant.

Corpus Delicti - Body of the crime. The objective proof that a crime has been committed. It sometimes refers to the body of the victim of a homicide or to the charred shell of a burned house, but the term has a broader meaning. For the state to introduce a confession or to convict the accused, it must prove a corpus delicti, that is, the occurrence of a specific injury or loss and a criminal act as the source of that particular injury or loss.

Corroborating Evidence - Supplementary evidence that tends to strengthen or confirm the initial evidence.

Counsel - Legal adviser; a term used to refer to lawyers in a case.

Court Administrator/Clerk of Court - An officer appointed by the court to oversee the administrative, non-judicial activities of the court.

Court - Government entity authorized to resolve legal disputes. Judges sometimes use “court” to refer to themselves in the third person, as in “the court has read the brief.”

Court Rules - Procedural rules adopted by a court that govern the litigation process. Court rules often govern the format and style of documents submitted to the court.

Criminal Contempt - A criminal contempt is an act done in disrespect of the court or its process or which obstructs the administration of justice or tends to bring the court into disrepute. Criminal contempt can be direct or indirect. Direct contempt involves disorderly or insolent behavior in the presence of the judge, which interferes with the course of a judicial proceeding; it is punishable summarily (i.e. without a hearing) by fine or imprisonment. Indirect contempt involves willful disobedience of court orders away from the court, which tend to impede justice. For example, refusing to carry out lawful court orders, preventing service of process, withholding evidence, or bribing a witness are all considered indirect criminal contempt. A person charged with indirect contempt is entitled to notice a hearing.

Cross-Examination - The questioning of a witness produced by the other side.

Cumulative Sentences - Sentences for two or more crimes to run consecutively, rather than concurrently.

Custody - Detaining of a person by lawful process or authority to assure his/her appearance at any hearing; the jailing or imprisonment of a person convicted of a crime.

Decision - The judgment reached or given by a court of law.

De Novo - “Anew.” A trial de novo is a new trial of a case, such as a district court trial de novo of a magistrate court case.

Defendant - The person charged with a crime.

Deferred Sentence - When a judge finds a person guilty and then does not impose sentencing on the defendant pending compliance by the defendant of conditions set by the judge such as attending driving school or completing probationary period. If the person completes the requirements the case will be dismissed and will not be part of the defendant’s criminal record.

Direct Evidence - Proof of facts by witnesses who saw acts done or heard words spoken.

Direct Examination - The first questioning of witnesses by the party on whose behalf they are called.

Directed Verdict - Now called “judgment as a matter of law.”

Discharge of Bond - A court order to release a bond.

Discovery - Investigation and gathering of information by opposing parties prior to going to trial.

Discretion - A power or right conferred on a judge to act according to the dictates of his or her own judgment and conscience, uncontrolled by the judgment or conscience of others.

Dismissal – An order or judgment disposing of a case without a trial.
With prejudice - the person may not be charged with the specific crime again. A case is usually dismissed with prejudice when the court has not pursed action within the six-month time limit.
Without prejudice - the person may be charged with the specific crime again. A case is usually dismissed without prejudice when more evidence is needed in a case or the case needs to be filed in another court because of jurisdictional issues.

Dissent - (verb) To disagree. (noun) An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.

Disposition - The sentencing or other final settlement of a case.

Docket - A list of cases to be heard by a court or a log containing brief entries of court proceedings.

Domicile - The place where a person has his/her permanent legal home. A person may have several residences, but only one domicile.

Double Jeopardy - Putting a person on trial more than once for the same crime. It is forbidden by the Fifth Amendment to the U.S. Constitution and by the NM Constitution Article II, E.

Due Process of Law - The constitutional right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes a defendant’s rights to adequate notice of legal proceedings, to assistance of counsel, to remain silent, to a speedy and public trial, to an impartial jury and to confront and secure witnesses.

Elements of a Crime - Specific factors that define a crime, which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction. The elements that must be proven are: (1) a crime has actually occurred; (2) the accused intended the crime to happen; and (3) a timely relationship between the first two factors.

Endorsed - Stamped with the seal of the court indicating the date and time of filing with the court.

Entrapment - A defense to criminal charges alleging that agents of the government induced a person to commit a crime he/she otherwise would not have committed.

Entry of Judgment or Order - The filing of a written, dated and signed judgment or order.

Equal Protection of the Law - The guarantee in the Fourteenth Amendment to the U.S. Constitution and Article III of the NM Constitution that all persons be treated equally by the law. Court decisions have established that this guarantee requires that courts be open to all persons on the same conditions, with like rules of evidence and modes of procedure; that persons be subject to no restrictions in the acquisition of property, the enjoyment of personal liberty, and the pursuit of happiness, which do not generally affect others; that persons are liable to no other or greater burdens than those are laid upon others; and that no different or greater punishment is enforced against them for a violation of the laws.

Equity - Generally, justice or fairness. Historically, equity refers to a separate body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or provide a remedy for every injury. The king therefore established the court of chancery to do justice between parties in cases where the common law would give inadequate redress. The principle of this system of law is that equity will find a way to achieve a lawful result when legal procedure is inadequate. Remedies such as restraining orders, and injunctions, are equitable remedies. Equity and law courts are now merged in NM.

Et al. - And others.

Et Seq. - And the following.

Evidence - Testimony or exhibits received by the court at any stage of court proceedings.

Examination - The questioning of a witness under oath.

Exigent Circumstances - An emergency, demand, or need calling for immediate action or remedy that, for instance, would justify a warrantless search.

Ex Parte - On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing.

Ex Post Facto - After the fact. The Constitution prohibits the enactment of ex post facto laws. These are laws that permit conviction and punishment for an act that was lawful at the time it was performed.

Exclusionary Rule - The rule preventing illegally obtained evidence, such as property found during an illegal search, from being used in any trial.

Exhibits - A document or item which is formally introduced in court and which, when accepted, is made part of the case file.

Exonerate - Removal of a charge, responsibility or duty.

Expungement - Official and formal erasure of a record or partial contents of a record.

Extenuating Circumstances - Circumstances that render a crime less aggravated, heinous, or reprehensible than it would otherwise be.

Felony - A crime that allows a defendant to be imprisoned for more than one year upon being found guilty.

File - To place a paper in the official custody of the clerk of court/court administrator to enter into the files or records of a case.

Filed in Open Court - Court documents entered into the file in court during legal proceedings.

First Appearance - The initial appearance of an arrested person before a judge to determine whether or not there is probable cause for his/her arrest. Generally, the person comes before a judge within hours of the arrest. Also called initial appearance.

Foundation - Preliminary questions to a witness to establish admissibility of evidence; i.e., "laying foundation" for admissibility.

Fruit of the Crime - Property acquired by means and in consequence of the commission of a crime, and sometimes constituting the subject matter of the crime.

Fruit of the Poisonous Tree - Property seized or statements made subsequent to and because of an illegal search; generally not admissible in evidence due to the illegal search.

General Jurisdiction - Refers to courts that have no limit on the types of criminal and civil cases they may hear.

Habeas Corpus - A writ used as a means to bring a person before the court to determine whether he/she is being detained unlawfully.

Harmless Error - An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to require that the judgments be reversed on appeal.

Hearing -A proceeding, generally public, at which an issue of fact or law is discussed and either party has the right to be heard.

Hearsay - Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

Impeachment of a Witness - An attack on the credibility (believability) of a witness, through evidence introduced for that purpose.

Implied Consent - Knowing indirectly that a person should agree to perform a duty. In New Mexico, a person who gets a driver’s license has given implied consent to allow a police officer to conduct an alcohol breath or blood test if there is a suspicion of the person driving while intoxicated.

Inadmissible - That which, under the rules of evidence, cannot be admitted or received as evidence.

In Camera - In chambers, or in private. A hearing in camera takes place in the judge’s office.

Indicia - Signs, indications.

In-Custody Arraignments (jail cases) - Arrests and filed cases going to court in which there has not been a release on bond or by other means.

Incarcerate - To confine in jail.

Indigency - Financial inability to hire a lawyer or pay court costs.

Indigent - Needy or impoverished. A defendant who can demonstrate his/her indigence to the court may be assigned a court-appointed attorney at public expense.

Infra - Below.

Infraction - A violation of law not punishable by imprisonment. Minor traffic offenses generally are considered infractions.

Initial Appearance - In criminal law, the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to hold him/her for trial. The Constitution bans secret accusations, so initial appearances are public unless the defendant asks otherwise; the accused must be present, though he/she usually does not offer evidence. Also called first appearance.

Inspectorial Search - An entry into and examination of premises or vehicles, by an inspector, for the identification and correction of conditions dangerous to health or safety.

Invoke the Rule - Separation and exclusion of witnesses other than parties from the courtroom.

Issue - 1. The disputed point in a disagreement between parties in a lawsuit. 2. To send out officially, as in to issue an order.

Joinder - Combining charges or defendants on the same complaint. If a crime is committed by two people they may both be charged on one complaint.

Judge - An elected or appointed public official with authority to hear and decide cases in a court of law. A judge Pro Tem is a temporary judge.

Judgment and Sentence - The official document of a judge’s disposition of a case.

Jurisdiction - The court’s legal authority to hear and resolve specific disputes. Jurisdiction is usually composed of personal jurisdiction (authority over persons) and subject matter jurisdiction (authority over types of cases.)

Jurisprudence - The study of law and the structure of the legal system.

Juvenile - A child under 18 years of age.

Knowingly and Willfully - This phrase, in reference to violation of a statute, means consciously and intentionally.

Larceny - Obtaining property by fraud or deceit.

Law - The enforceable rules that govern individual and group conduct in a society. The law establishes standards of conduct, the procedures governing standards of conduct, and the remedies available when the standards are not adhered to.

Leading Question - A question that suggests the answer desired of the witness. A party generally may not ask one’s own witness leading questions. Leading questions may be asked only of adverse witnesses and on cross-examination.

Leniency - Recommendation for a sentence less than the maximum allowed.

Lesser Included Offense - Any lesser offense included within the ordinance defining the original charge, such as a lower grade of an offense.

Limited Jurisdiction - Authority of courts that are restricted in the types of criminal and civil cases they may hear. For example, traffic violations generally are heard by limited jurisdiction courts.

Magistrate - A judge whose civil and criminal jurisdiction is limited by law.

Mens Rea - The “guilty mind” necessary to establish criminal responsibility.

Minor - Person under twenty-one years of age.

Miranda Warning - Prior to an arrest and the possibility of being questioned by a police officer, a person must be advised that: (1) he has a right to remain silent; (2) any statement he does make may be used in evidence against him; (3) he has the right to the presence of an attorney; and (4) if cannot afford an attorney, one will be appointed for him prior to any questioning, if he so desires.

Misdemeanor - An offense punishable by not more than one year in county jail and/or $1,000 fine.

Mitigating Circumstances - Those facts which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

Motion - Oral or written request made by a party to an action before, during, or after a trial, upon which a court issues a ruling or order.

Motion to Suppress - A motion to prevent admission of evidence in a case.

Necessarily Included Offense - Where an offense cannot be committed without necessarily committing another offense, the latter is a necessarily included offense; sometimes referred to as lesser included offense.

No Probable Cause - Insufficient grounds to hold the person who was arrested.

Nolle Prosequi - The prosecutor declines to prosecute but may still initiate prosecution within one a time allowed by law.

Nolo Contendere (no contest) - A plea, having the same legal effect as a plea of guilty in a criminal case; may not be used in a civil action related to the criminal charge. A plea of nolo contendere for a traffic citation that resulted from an accident cannot be used to convince a judge in a civil case that the defendant is guilty of causing an accident.

Non-Jury Trial - A case tried by a judge on the facts as well as the law.

Oaths - Sworn attestations required in court, usually administered by the in-court clerk.

Objection - The process by which one party tries to present the introduction of evidence or the use of a procedure at a hearing. An objection is either sustained (allowed) or overruled by the judge.

Offense - A violation of a municipal ordinance or state statute.

Opening Statement - The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.

Oral Argument - An opportunity for lawyers to summarize their positions before the court and also to answer the judges’ questions.

Order - A written or oral command from a court directing or forbidding an action.

Ordinance - A law adopted by the governing body of a municipality or county.

Overrule - A judge’s decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error.

Party - A person, business, organization or government agency involved in the prosecution or defense of a legal proceeding.

Penalty Assessment - Procedure in which traffic offender is allowed to mail in a fine (plead guilty by mail). Points maybe assessed against the person's driving record.

Perjury - The criminal offense of making a false statement under oath.

Per Se Law - In the Motor Vehicle Code, the per se crime is driving with a blood alcohol level of .08 or greater, as established through a valid testing procedure. No proof is required to show that the concentrator defendant was under the influence since the law postulates that driving with a BAC of .08 or greater is driving while intoxicated. (DWI can still be proven by other evidence at a BAC under .08)

Personal Jurisdiction (in personam jurisdiction) - Power which a court has over the defendant's person and which a court must have before it can enter a judgment affecting the defendant's rights.

Personal Recognizance - In criminal proceedings, the pretrial release of a defendant without bail upon his/her promise to return to court. See also on a person’s own recognizance.

Petty Misdemeanor - A crime that allows less than six months of jail time upon conviction.

Plain View Doctrine - The doctrine that permits a law enforcement officer to lawfully seize incriminating evidence not specifically sought but visible in the course of a valid search.

Plea - 1. Defendant’s answer to the charge - guilty, not guilty, nolo contendere or Alford plea. 2. In a criminal proceeding, the defendant’s declaration in open court that he or she is guilty or not guilty. The defendant’s answer to the charges made in the indictment or information.

Plea Agreement - An agreement between the prosecutor and the defendant, presented for the court's approval, regarding the sentence the defendant should serve upon a plea of guilty, no contest, or “Alford” to the crime charged or a lesser-included crime.

Plea Bargaining or Plea Negotiating - The process through which an accused person and a prosecutor negotiate a mutually satisfactory disposition of a case. Usually it takes the form of an agreement in which a defendant pleads guilty in exchange for some form of leniency. It often involves a guilty plea to lesser charges or a guilty plea to some of the charges if other charges are dropped, and may include sentencing recommendations. Such bargains are not binding on the court.

Plea Negotiation - Negotiations arrived at by the state and the defense for an agreed disposition of the case requiring approval by the court.

Prejudice - Unfair harm to one party.

Pre-Sentence Report - A report designed to assist the judge in passing sentence on a convicted defendant. These reports should contain at least the following: (1) complete description of the situation surrounding the criminal activity; (2) offender's educational background; (3) offender's employment background; (4) offender's social history; (5) residence history of the offender; (6) offender's medical history; (7) information about environment to which the offender will return; (8) information about any resources available to assist the offender; (9) probation officer's view of the offender's motivations and ambitions; (10) full description of the offender's criminal record; and (11) recommendation as to disposition.

Point Information - Penalty points imposed by the Division Motor Vehicles after conviction of a traffic offense.

Pre-Sentence Investigation - A background investigation of the defendant returnable to the sentencing judge on or before a certain date.

Pre-Trial Conference - A meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit, agree on what will be presented at the trial, and explore the possibility of settling the case without a trial.

Pre-Trial Release - Release by jail personnel after arrest and before any court appearance, setting a court appearance date.

Precedent - A previously decided case that guides the decision of future cases; source of common law.

Prima Facie - A fact presumed to be true unless disproved by some evidence to the contrary. Such as will prevail until contradicted and overcome by other evidence.

Privilege - A right, power, or immunity held by a person or class beyond the course of law, such as the privilege against self-incrimination under the Fifth Amendment.

Probable Cause - Reasonable cause or grounds.

Probation - A procedure under which a defendant convicted of a crime is released by the court without imprisonment under a suspended or deferred sentence and subject to conditions.

Probative Value - Evidence has "probative value" if it tends to prove an issue. It is evidence that furnishes, establishes, or contributes toward proof.

Pro Se - In one’s own behalf, commonly used to refer to a party representing himself or herself in a court action, instead of being represented by an attorney.

Probable Cause - The belief that the officer had reasonable grounds to make an arrest.

Prosecutor - A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.

Public Defender - A court-appointed attorney for those defendants who are declared indigent.

Quash - To vacate or void a summons, subpoena, etc.

Reasonable Belief - Probable cause. The facts and circumstances within an arresting officer's knowledge, and of which s/he had reasonably trustworthy information, sufficient in themselves to justify a person of average caution in believing that a crime has been or is being committed. Facts sufficient to justify a warrantless arrest.

Reasonable Doubt - Such a doubt as would cause a careful person to hesitate before acting in matters of importance to himself/herself.

Rebut - To introduce evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence.

Rebuttal - Evidence that is offered by a party after he has rested his case and after the opponent has rested in order to contradict and explain the opponent's evidence.

Rebuttal Witnesses - Witnesses introduced to explain, repel, counteract, or disprove facts given in evidence by the adverse party.

Record - All the documents and evidence in a case.

Recusal - The voluntary action by a judge to remove himself or herself from presiding in a given case.

Re-Direct Examination - Opportunity to present rebuttal evidence after one’s evidence has been subjected to cross-examination.

Release - Discharge from confinement or custody.

Release on Own Recognizance - Release of a prisoner by a judge with no bond requirement.

Remand - To send a dispute back to the court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court’s ruling.

Rest - A party is said to rest or rest its case when it has presented all the evidence it intends to offer.

Reverse - An action of a higher court in setting aside or revoking a lower court decision.

Revocation (of Driver’s License) - The driver's license and privilege to drive are terminated and shall not be renewed or restored for the duration of the revocation, except that an application for a new license may be presented and acted upon by the division after the expiration of at least one year after date of revocation. This kind of revocation is done in response to a conviction for DWI in court, as distinguished from administrative revocation that is done by the Motor Vehicle Division for 90 days, and is a separate process.

Revoke - To cancel or nullify a legal document.

Rules of Evidence - Standards governing whether evidence in civil or criminal case is admissible.

Seal - The Clerk of Court symbol of authenticity.

Search - Examination of a person's house or other building or premises, or of his person, or vehicle, with a view to discovery of contraband, illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action.

Search Warrant - A written order issued by a judge that directs a law enforcement officer to search a specific area for a specific piece of evidence.

Self Defense - Claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of another.

Self-Incrimination (Privilege Against) - The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the U.S. Constitution. Asserting the right is often referred to as “taking the Fifth.”

Sentence - The punishment ordered by a court for a defendant convicted of a crime. A concurrent sentence means that two or more sentences would run at the same time. A consecutive sentence means that two or more sentences would run one after another.

Sequestration of Witnesses - Keeping all witnesses (except plaintiff and defendant) out of the courtroom except for their time on the stand, and cautioning them not to discuss their testimony with other witnesses. Also called exclusion of witnesses. This prevents a witness from being influenced by the testimony of a prior witness.

Service - The delivery of a legal document, or of a requirement to appear in court by an officially authorized person in accordance with the formal requirements of the applicable laws. Service is required, unless waived, for as to notify a person of a lawsuit or other legal action taken against him/her.

Severance - The separation of offenses or defendants for purposes of trial.

Show Cause Order - Court order requiring a person to appear and show why some action should not be taken.

Sidebar - A conference between the judge and lawyers, usually in the courtroom, out of earshot of the spectators.

Speedy Trial - A rule of law wherein the defendant must be brought to trial within 180 days.

Stare Decisis - The doctrine that courts will follow principles of law laid down in previous cases. Similar to precedent.

Statement - A writing statement made by a person and signed or otherwise adopted or approved by such person; any mechanical, electrical or other recording or a transcription thereof, which is a recital of an oral witness; and stenographic or written statements or notes which are in substance recitals of an oral statement.

Statute - Laws passed by legislative bodies that declare rights and duties, or command or prohibit certain conduct.

Statute of Limitations - The time within which a prosecutor must bring charges. There are different statutes of limitations at both the federal and state levels for different kinds of crimes.

Statutory Construction - The process by which a court seeks to interpret the meaning and scope of legislation.

Statutory Law - The body of law enacted by the legislative branch of government, as distinguished from case law or common law.

Stay - A court order halting a judicial proceeding.

Stipulation - An agreement by attorneys on both sides of a case about some aspect of the case; e.g. to extend the time to answer, to adjourn the trial date, or to admit certain facts at the trial.

Strike - To erase, expunge or disregard evidence that has been improperly offered and must not be relied upon.

Sua Sponte - A Latin phrase which means on one’s own behalf; voluntary, without prompting or suggestion.

Subject Matter Jurisdiction - Power of a court to hear the type of case that is before it. (Example: a municipal court has subject matter jurisdiction for cases involving violation of that municipality's ordinances but does not have subject matter jurisdiction over felonies.

Subpoena - A process directing a witness to appear and give testimony at a certain time and in a certain place.

Subpoena Duces Tecum - A court order commanding a witness to bring certain documents or records to court.

Summons - A document signed by a deputy clerk ordering a person to appear before the court to respond to a complaint.

Suppress - To forbid the use of evidence at a trial because it is improper or was improperly obtained. See also exclusionary rule.

Supra - Latin for above.

Surety - One who signs a bond and guarantees to pay money if the defendant fails to appear in court as ordered.

Surety Bond - A bond purchased at the expense of the estate to insure the executor’s proper performance. Often called a fidelity bond.

Suspended Sentence - Postponed execution of sentence; sentence is imposed, and execution of sentence is suspended, postponed, or stayed for a period and on conditions set by the judge.

Suspension (of Driver’s License) - The driver's license and privilege to drive are temporarily withdrawn, but only during the period of such suspension. No reapplication is necessary to obtain license.

Sustain - A court ruling upholding an objection or a motion.

Sworn Complaint Affidavit - A sworn, witnessed complaint filed with the Clerk of the Court.

Testimony - The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.

Time Served - Actual number of days already served in jail on a charge or offense before conviction.

Transfer Cases - Cases going from one court or one jurisdiction to another.

Trial - Examination of any issue of fact or law before a competent court to determine the rights of the parties.

Trial de Novo - A retrial in district court that is conducted as if no trial had occurred in the lower court.

True Copy - An exact copy of a written instrument.

Unlawful Search - Examination or inspection of premises or persons without authority of the law and in violation of the immunity from unreasonable search and seizure under the Fourth Amendment.

Vacate - To set aside, as a judgment.

Venue - The place in which prosecution is brought; venue may be in the county of the defendant’s residence or in the county in which the offense is alleged to have been committed.

Verdict - The findings of a judge at the end of the trial.

Waive - To give up a known right voluntarily. For example- to give up the right to an attorney.

Warrant - Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based.

Warrantless Search - Examination of a person or premises without first obtaining a warrant, which may be lawful under such limited circumstances, Domestic Violence situation, emergency, hot pursuit or threat of immediate removal of contraband.

With Prejudice - Applied to orders of judgment dismissing a case, meaning that the plaintiff is forever barred from bringing a lawsuit on the same claim or cause.

Without Prejudice - A claim or cause dismissed without prejudice may be the subject of a new lawsuit.

Witness - A person who testifies to what he/she has seen, heard, or otherwise experienced. Also, a person who observes the signing of a will and is competent to testify that it is the will-maker’s intended last will and testament.

Writ - A judicial order directing a person to do something.

Writ of Certiorari - An order by the appellate court used when the court has the discretion on whether or not to hear an appeal.